o 







,\ , t • o 



o « <• . -^ 















^'^oTT'* O,''?- '\*''..^-' ^0' '^ "OHO- ^> 





• u A^ •-^ 

















V . -^^ 




RULES OF PROCEDURE 



OF THE 



INTERNATIONAL JOINT 
COMMISSION 



ADOPTED PURSUANT TO ARTICLE XII OF THE 
TREATY BETWEEN THE UNITED STATES AND 
GREAT BRITAIN. SIGNED JANUARY M, 1909 



PROMULGATED FEBRUARY 2, 1912 






WASHINGTON 
1012 



r 






RULES OF PROCEDURE 



OF THE 



INTERNATIONAL JOINT COMMISSION 






ADOPTED PURSUANT TO ARTICLE XII OF THE 
TREATY BETWEEN THE UNITED STATES AND 
GREAT BRITAIN, SIGNED JANUARY 11, 1909 



PROMULGATED FEBRUARY 2, 1912 



^ 



V 



WASHINGTON 
1912 



r/7f 

.6' 



TREATY OF JANUARY 11, 1909, BETWEEN UNITED STATES AND 

GREAT BRITAIN. 

Signed at Washington January ii, 1909. 

Ratification advised by the Senate March 3, 1909. 

Ratified by the President April i, 1910. 

Ratified by Great Britain March 31, 1910. 

Ratifications exchanged at Washington May 5, 1910. 

Proclaimed May 13, 1910. 



INTERNATIONAL JOINT COMMISSION. 

Members appointed on part of United States March 9, 191 1. 

Members appointed on part of Canada November 10, 191 1. 

Meeting of Commission for organization under Article XII of the 

treaty, at Washington January 10, 1912. 

Adoption and publication of Rules of Procediu-e in accordance 

with Article XII February 2, 1912. 



0. fir ^. 



RULES OF PROCEDURE 

OF THE 

INTERNATIONAL JOINT COMMISSION 



The International Joint Commission, by virtue of the provisions 
of Article XII of the Treaty between the United States of America 
and His Majesty the King of the United Kingdom of Great Britain 
and Ireland and of the Dominions beyond the Seas, Emperor of 
India, dated the nth day of January, 1909, hereby adopt the 
following rules of procedure: 

DEFINITIONS. 

1. In the construction of these rules and the forms herein 
referred to (unless the context otherwise requires) words import- 
ing the singular number shall include the plural, and words 
importing the plural number shall include the singular; the term 
"party" or "parties" shall include Governments and also persons 
permitted by these rules to take part in any proceedings before 
the Commission; the word " person " shall include individual, part- 
nership, or corporation, and "oath" shall include affirmation. 

MEETINGS. 

2. Regular sessions of the Commission shall be held annually at 
Washington beginning on the first Tuesday of April and at Ottawa 
beginning on the first Tuesday of October. 

Special meetings may be held at such times and places in the 
United States and the Dominion of Canada as the chairmen of the 
two sections may determine. 

CHAIRMEN. 

3. The commissioners of the United States section of the Com- 
mission shall appoint a chairman, to be known as the chairman of 
the United States section of the International Joint Commission, 

. and he shall act as chairman at all meetings of the Commission 

3 



RULES OF PROCEDURE. 

held in the United States, and in respect to all matters required 
-to be done in the United States by the chairman of the Commission. 

The commissioners of the Canadian section of the Commission 
shall appoint a chairman, to be known as the chairman of the 
Canadian section of the International Joint Commission, and he 
shall act as chairman at all meetings of the Commission held m 
Canada, and in respect to all matters required to be done m 
Canada by the chairman of the Commission. 

In case it shall be impracticable for the chairman of either 
section to act in any matter, then the commissioner of such sec- 
tion next in order of appointment shall act in his stead. 

PERMANENT OFFICES. 

4 The permanent offices of the Commission shall be at Wash- 
ington in the District of Columbia, and at Ottawa, in the Dominion 
of Canada, and the secretaries of the United States and Canadian 
sections of the Commission shall, subject to the order of said 
respective sections, have full charge and control of said offices, 
respectively. 

DUTIES OF SECRETARIES. 

5 The secretaries shall act as joint secretaries at all sessions or 
meetings of the Commission, and each shall keep an accurate 
permanent record of the proceedings and preserve the same m 
the permanent offices of the Commission. It shall also be the 
duty of each of them to receive and file all applications and 
other papers properly presented to the Commission in any proceed- 
ing instituted before it, and to number in numerical order all 
such appUcations; and the number given an apphcation shall be 
the file number for all papers and documents connected with such 
application. Each secretary shall also keep in the permanent 
office under his control a docket, in which he shall record the title 
of the apphcation or other proceeding, separately in each case, 
the date of filing of the same, the name and post-office address of the 
attorneys of record, and a brief statement of the contents, together 
with proper reference to the files of the original papers referred to 
in said docket. Each shall forward to the other for filing m the 
office of the other copies of aU letters, documents or other papers 
received by him or filed in his office, pertaining to any matter before 
the Commission, to the end that there shall be on file in each office 
either the original or a copy of all official papers, documents, records 
and correspondence relating to matters at any time pending before 
the Commission. 



INTERNATIONAL JOINT COMMISSION. 5 

APPLICATIONS. 

6. In all cases to be submitted to the Commission under Articles 
III, IV and VIII of the Treaty the method of bringing such cases 
to the attention of the Commission and invoking its action shall 
be as follows: 

(a) Where one or the other of the Governments on its own 
initiative seeks the approval of the Commission for the use, 
obstruction or diversion of waters with respect to which under 
Articles III and IV of the Treaty the approval of the Commission 
is required, it shall file with the Commission an application setting 
forth as fully as may be necessary for the information of the Com- 
mission the facts upon which the application is based, and the 
nature of the order of approval desired. 

(6) Where any private person seeks the approval of the Com- 
mission for the use, obstruction or diversion of such waters, he 
shall first make written application to the Government within 
whose jurisdiction the privilege desired is to be exercised, to grant 
such privilege, and upon such Government, or the proper depart- 
ment thereof, transmitting such application to the Commission, 
with the request that it take appropriate action thereon, the 
same shall be filed and be proceeded with by the Commission 
in the same manner as an application on behalf of one or the other 
of the Governments. All applications by private persons should 
conform, as to their contents, to the requirements of subdivision 
(a) of this rule. 

7. One duplicate original and 25 copies of the application shall 
be filed with each of the secretaries, and there shall be filed with 
each of the secretaries such drawings, profiles, and plans of sur- 
vey on tracing linen, and such specifications and maps, as may be 
necessary to illustrate clearly the matter of the application. 

8. In cases where either of the respective Governments shall 
have authorized the use, obstruction or diversion of navigable 
waters, all plans filed as aforesaid shall be accompanied with the 
approval thereof by the Government or proper department of the 
Government within whose jurisdiction such waters lie. 

NOTICE AND PUBLICATION. 

9. As soon as practicable after an application is made as here- 
inbefore in rule 6 provided for, the secretary of the section of 
the Commission appointed by the other Government shall forth- 
with send to such Government a notice in writing that the appli- 
cation has been made and a copy thereof. 



6 RUIZES OF PROCEDURE. 

The secretaries shall also, as soon as practicable after the ap- 
plication is made, cause to be published for three successive 
weeks in the Canada Gazette, and in two weekly newspapers, 
published one on each side of the international boundary line 
nearest the locality in which the use, obstruction, or diversion of 
waters is proposed to be made, a notice that the application has 
been made, and of the nature and locality of the proposed use, 
obstruction or diversion, and that all persons interested therein 
are entitled to be heard with respect thereto before the Commis- 
sion. 

STATEMENT IN RESPONSE TO APPLICATION. 

10. Within 60 days after the filing of any such application the 
other Government, and with its consent any private person inter- 
ested, may file a statement with the Commission setting forth any 
fact or facts bearing on the subject-matter of the appUcation and 
tending to defeat or modify the order of approval sought, or to 
require that the same be granted on condition, and setting forth 
whether the order of approval is opposed in whole or in part, and, 
if in part only, to what extent, and if it be desired that the approval 
be on condition, setting forth the particular condition or condi- 
tions upon which it is thought the order of approval should be 
granted. 

STATEMENT IN REPLY. 

11. Immediately after such statement or statements are filed 
the secretary shall send a copy of the same to the Government 
which shall have made the application or shall have filed the 
application on behalf of private persons, and the said Government 
or the private persons on whose behalf the apphcation shall have 
been filed, one or both, may, within thirty days, file a statement or 
statements in reply, and the issues to be determined by the Com- 
mission shall be gathered from the application, statement or state- 
ments and reply statement or statements. 

SUPPLEMENTAL APPLICATIONS AND STATEMENTS. 

12. If it shall appear to the Commission that either the appli- 
cation, the statement, or the reply statement, is not sufficiently 
full, definite and complete to enable the Commission to proceed 
intelligently, the Commission may require a more full, definite and 
complete application or statement or reply statement, as the case 
may be, to be filed. 



INTERNATIONAL, JOINT COMMISSION. 7 

INTERESTED PRIVATE PARTIES. 

13. Any person interested in the subject matter of the appli- 
cation, whether for or against, is entitled to be heard by counsel 
at the final hearing, and may, through counsel, with the consent 
of his Government, conduct or assist in conducting all proceedings 
in the case subsequent to the application. 

PRELIMINARY HEARING. 

14. If it appear to the Commission at anytime before the hear- 
ing of the application that it would be advantageous to hold a 
preliminary meeting for the purpose of fixing or altering the plan 
of hearing, determining the mode of conducting the inquiry, the 
admitting of certain facts, or the proof of them by affidavit, or for 
any other purpose, the Commission may hold such meeting upon 
such notice to the parties as it deems sufficient, and may there- 
upon make such orders as it may deem expedient. 

PRELIMINARY COMMUNICATION WITH PARTIES. 

15. The Commission may, if it thinks fit, instead of holding the 
preliminary meeting provided in rule 14, communicate with the 
parties direct, and may require answers to such inquiries as it 
may consider necessary. 

PRODUCTION AND INSPECTION OF DOCUMENTS. 

16. Either party shall be entitled, at any time, before or at 
the hearing of the case, to give notice in writing to the party in 
whose appHcation or statement or reply statement reference is 
made to any document, map, plan, or profile, to produce it for the 
inspection of the party giving such notice or his attorney or 
solicitor, and to permit him to take copies thereof; and any party 
not complying with such notice shall not afterwards be at hberty 
to put the same in evidence on his behalf in such proceedings, 
unless he satisfy the Commission that he had sufficient cause for 
not complying with such notice. 

SUBPCENAS. 

17. Subpcenas for the attendance and examination of witnesses 
and notice for the production and inspection of documents may 
be issued in the first instance under the signature of the secretary 
of the section of the country in which the witnesses reside. 



8 RULES OF PROCEDURE. 

COMPELUNG ATTENDANCE OF WITNESSES, ETC. 

1 8. All applications for subpoena or other process to compel the 
attendance of witnesses, or the production of books, papers, and 
documents before the Commission or the examiner, shall be made 
to the proper courts of either country, as the case may be, upon 
the order of the Commission or by the chairman of the section of 
the Commission of the country in which the witnesses reside or 
the books, papers, or documents may be, or by the examiner 
appointed under rule 19. 

DEPOSITIONS. 

19. On application to the secretary of the section of the Com- 
mission in the country where depositions are proposed to be taken, 
any party may have a commission to take the depositions of 
witnesses, the commission to be signed by the secretary, to desig- 
nate the name of the examiner before whom depositions will be 
taken, and the time and place of taking, but need not designate the 
names of witnesses to be examined, and the secretary shall specify 
in the commission the length of notice to be given, in all cases 
requiring what he may deem ample time to enable the parties to 
be present. The examiner, who shall in all cases be an official 
having power in his own country to administer oaths, may issue 
subpoenas for witnesses to be examined before him. The testi- 
mony of all witnesses shall be taken under oath or affir- 
mation and the parties shall be entitled to attend and examine 
and cross-examine. The testimony so taken shall be confined 
to the subject matter in question, and any objection to the admis- 
sion of evidence shall be noted by the examiner and dealt with 
by the Comm.ission at the hearing. The examination shall take 
place within 60 days after the time provided in rule 11 for the 
filing of the reply statement. All examinations or depositions 
taken in pursuance of this rule shall be returned to the secretary 
who issued the commission, and the depositions certified under 
the hand of the examiner, without further proof, be used in evi- 
dence, saving all just exceptions. The examiner at the time and 
place appointed in the commission can take the depositions of 
witnesses offered by any party. 

FINAL HEARINGS. 

20. The final hearings on applications shall be had at times and 
places to be fixed by the chairmen of the two sections not less 
than 60 days after the time provided for filing the reply statement, 



INTERNATIOXAL JOINT COMMISSION. 9 

and the Commission will then hear oral and documentary evidence 
and evidence which may have been taken by the parties by 
deposition. 

The Commission may require further evidence to be given, 
either viva voce or by deposition taken before an examiner. 

The Commission may decide how many counsel are to be heard 
and what interests may be united for the purpose of the hearing. 

The Commission miay, in any case, require printed briefs or 
fac turns to be subrnitted by the parties. 

The hearing of the case, when once commenced, shall proceed, 
so far as in the judgment of the Commission may be practicable, 
from day to day. 

PRINTING OF BRIEFS AND RECORDS. 

21. All briefs, factums, pleadings, and documents printed for 
the use of the Commission must be in such form and size, with 
ample margin, that they can be conveniently bound together so 
as to make an ordinary octavo volume; and, as well as all quota- 
tions contained therein, and the covers thereof, nmst be printed 
in clear type (never smaller than pica) and on unglazed paper. 

MAJORITY MAY CONDUCT HEARINGS. 

22. A majority of the Commission may conduct hearings or other 
proceedings regularly before it and may take and receive testimony 
and hear arguments thereon, but less than the whole number of 
the Commission shall not proceed to finally consider and determine 
any matter, proceeding, or question which the Treaty creating the 
Commission, either in terms or by implication, requires or makes it 
the duty of the Commission to decide. 

AMENDMENTS. 

23. Amendments of applications and statements ma}- be allowed 
by the Commission where substantial justice requires it, and the 
time for the filing of any paper or the doing of any act by these 
rules required may be extended in the like case. 

SERVICE OF PROCESS. 

24. Service of any subpoena, process, notice, or other docu- 
ment which must be served under the present rules, shall be by 
delivering a copy thereof to the person named therein, or by leav- 
ing the same at the dwelling house or usual place of abode or 

20741 — 12 2 



lO RUIvES OF PROCEDURE. 

usual place of business of such person with some adult person 
who is a member of or resident in his family or with an employee 
in such place of business. Such service may be made by any 
literate person, who shall make return thereof under oath to the 
secretary from whom such subpoena, process, notice, or other 
document shall have been received, and such return shall state 
the time and place of such service. 

EXPENSES OF PROCEEDINGS. 

25. All expenses incident to the prosecution of any proceedings 
before the Commission or upon applications presented under sub- 
section (b) of rule 6, including cost of publication of notices, 
service of subpoenas or other process, taking of testimony or 
depositions, witness fees, and all other expenses included in such 
proceedings, shall be paid by the party on whose behalf or at 
whose request such cost or expense is incurred. 

SUBMISSION TO GOVERNMENTS. 

26. When in the opinion of the Commission it is desirable that 
a decision should be rendered which affects navigable waters in a 
manner or to an extent different from that contemplated by the 
application and plans, the Commission will, before making a final 
decision, submit to the Government transmitting the application 
a draft of the decision, and such Government may file with the 
Commission a brief or memorandum thereon which will receive 
due consideration by the Commission before its decision is made 
final. 

GENERAL RULE. 

27. The Conmiission may, in the course of the proceedings, make 
any order which it deems expedient and necessary to meet the 
ends of justice and to effectually carry out the true intent and 
meaning of the Treaty. 

ARTICLES IX AND X. 

28. The foregoing rules, as far as applicable, shall apply to pro- 
ceedings in all cases referred or submitted imder Articles IX and X. 

Adopted February 2, 1912. 



TREATY 

BETWEEN 

THE UNITED STATES AND GREAT BRITAIN 

RELATING TO BOUNDARY WATERS, AND QUESTIONS ARISING BETWEEN THE 

UNITED STATES AND CANADA. 



[Treaty Series, No. 548. 
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 

A PROCLAMATION. 

Whereas a Treaty between the United States of America and His 
Majesty the King of the United Kingdom of Great Britain and Ire- 
land and of the British Dominions beyond the Seas, Emperor of India, 
to prevent disputes regarding the use of boundary waters and to settle 
all questions which are now pending between the United States and 
the Dominion of Canada involving the rights, obligations, or interests 
of either in relation to the other or to the inhabitants of the other, along 
their common frontier, and to make provision for the adjustment and 
settlement of all such questions as may hereafter arise, was concluded 
and signed by their respective Plenipotentiaries at Washington on the 
eleventh day of January, one thousand nine hundred and nine, the 
original of which Treaty is word for word as follows : 

The United States of America and His Majesty the King of the United 
Kingdom of Great Britain and Ireland and of the British Dominions 
beyond the Seas, Emperor of India, being equally desirous to prevent 
disputes regarding the use of boundary waters and to settle all ques- 
tions which are now pending between the United States and the Do- 
minion of Canada involving the rights, obligations, or interests of either 
in relation to the other or to the inhabitants of the other, along their 
common frontier, and to make provision for the adjustment and settle- 
ment of all such questions as may hereafter arise, have resolved to con- 
clude a treaty in furtherance of these ends, and for that purpose have 
appointed as their respective plenipotentiaries: 

The President of the United States of America, Elihu Root, Secre- 
tary of State of the United States; and 

His Britannic Majesty, the Right Honorable James Bryce, O. M. 
his Ambassador Extraordinary and Plenipotentiary at Washington; 

II 



12 RULES OF PROCEDURE. 

Who, after having communicated to one another their full powers, 
found in good and due form, have agreed upon the following articles: 

Preliminary Article. 

For the purposes of this treaty boundary waters are defined as the 
waters from main shore to main shore of the lakes and rivers and con- 
necting waterways, or the portions thereof, along which the international 
boundary between the United States and the Dominion of Canada 
passes, including all bays, arms, and inlets thereof, but not including 
tributary waters which in their natural channels would flow into such 
lakes, rivers, and waterways, or waters flowing from such lakes, rivers, 
and waterways, or the waters of rivers flowing across the boundary. 

Article I. 

The High Contracting Parties agree that the navigation of all navi- 
gable boundary waters shall forever continue free and open for the 
purposes of commerce to the inhabitants and to the ships, vessels, and 
boats of both countries equally, subject, however, to any laws and regu- 
lations of either country, within its own territory, not inconsistent with 
such privilege of free navigation and applying equally and without 
discrimination to the inhabitants, ships, vessels, and boats of both coun- 
tries. 

It is further agreed that so long as this treaty shall remain in force, 
this same right of navigation shall extend to the waters of Lake Michi- 
gan and to all canals connecting boundary waters, and now existing or 
which may hereafter be constructed on either side of the line. Either 
of the High Contracting Parties may adopt rules and regulations go\- 
erning the use of such canals within its own territory and may charge 
tolls for the use thereof, but all such rules and regulations and all tolls 
charged shall apply alike to the subjects or citizens of the High Con- 
tracting Parties and the ships, vessles, and boats of both of the High 
Contracting Parties, and they shall be placed on terms of equality in 

the use thereof. 

Article H. 

Each of the High Contracting Parties reserves to itself or to the sev- 
eral State Governments on the one side and the Dominion or Provin- 
cial Governments on the other as the case may be, subject to any treaty 
provisions now existing with respect thereto, the exclusive jurisdiction 
and control over the use and diversion, whether temporary or perma- 
nent, of all waters on its own side of the line which in their natural 
channels would flow across the boundary or into boundary waters; 
but it is agreed that any interference with or diversion from their nat- 
ural channel of such waters on either side of the boundary, resulting 
in any injury on the other side of the boundary, shall give rise to the 



INTERNATIONAL JOINT COMMISSION. 1 3 

same rights and entitle the injured parties to the same legal remedies 
as if such injury took place in the country where such diversion or inter- 
ference occurs; but this provision shall not apply to cases already exist- 
ing or to cases expressly covered by special agreement between the 
parties hereto. 

It is understood, however, that neither of the High Contracting 
Parties intends by the foregoing provision to surrender any right, which 
it may have, to object to any interference with or diversions of waters 
on the other side of the boundary the effect of which would be produc- 
tive of material injury to the navigation interests on its own side of 
the boundary. 

Article III. 

It is agreed that, in addition to the uses, obstructions, and diversions 
heretofore permitted or hereafter provided for by special agreement 
between the Parties hereto, no further or other uses or obstructions or 
diversions, whether temporary or permanent, of boundary waters on 
either side of the line, affecting the natural level or flow of boundary 
waters on the other side of the line, shall be made except by authority 
of the United States or the Dominion of Canada within their respective 
jurisdictions and with the approval, as hereinafter provided, of a joint 
commission, to be known as the International Joint Commission. 

The foregoing provisions are not intended to limit or interfere with the 
existing rights of the Government of the United States on the one side 
and the Government of the Dominion of Canada on the other, to under- 
take and carry on governmental works in boundary waters for the deepen- 
ing of channels, the construction of breakwaters, the improvement of 
harbors, and other governmental works for the benefit of commerce and 
navigation, provided that such works are wholly on its own side of the line, 
and do not materially affect the level or flow of the boundary waters on 
the other, nor are such provisions intended to interfere with the ordinary 
use of such waters for domestic and sanitary purposes. 

Article IV. 

The High Contracting Parties agree that, except in cases provided for 
by special agreement between them, they will not permit the construc- 
tion or maintenance on their respective sides of the boundary of any 
remedial or protective works or any dams or other obstructions in waters 
flowing from boundary waters or in waters at a lower level than the 
boundary in rivers flowing across the boundary, the effect of which is to 
raise the natural level of waters on the other side of the boundary unless 
the construction or maintenance thereof is approved by the aforesaid 
International Joint Commission. 

It is further agreed that the waters herein defined as boundary waters 
and waters flowing across the boundary shall not be polluted on either 
side to the injury of health or property on the other. 



14 RULES OF PROCEDURE 

ArTICIvE V. 

The High Contracting Parties agree that it is expedient to limit the 
diversion of waters from the Niagara River so that the level of Lake Erie 
and the flow of the stream shall not be appreciably affected. It is the 
desire of both Parties to accomplish this object with the least possible 
injury to investments which have already been made in the construction 
of power plants on the United States side of the river under grants of 
authority from the State of New York, and on the Canadian side of the 
river under licenses authorized by the Dominion of Canada and the 
Province of Ontario. 

So long as this treaty shall remain in force, no diversion of the waters 
of the Niagara River above the Falls from the natural course and stream 
thereof shall be permitted except for the purposes and to the extent 
hereinafter provided. 

The United States may authorize and permit the diversion within the 
vState of New York of the waters of said river above the Falls of Niagara, 
for power purposes, not exceeding in the aggregate a daily diversion at 
the rate of twenty thousand cubic feet of w^ater per second. 

The United Kingdom, by the Dominion of Canada, or the Province of 
Ontario, may authorize and permit the diversion within the Province of 
Ontario of the waters of said river above the Falls of Niagara, for power 
purposes, not exceeding in the aggregate a daily diversion at the rate of 
thirty-six thousand cubic feet of water per second. 

The prohibitions of this article shall not apply to the diversion of water 
for sanitary or domestic purposes, or for the service of canals for the pur- 
poses of navigation. 

Article VI. 

The High Contracting Parties agree that the St. Mary and Milk Rivers 
and their tributaries (in the State of Montana and the Provinces of 
Alberta and Saskatchewan) are to be treated as one stream for the pur- 
poses of irrigation and power, and the waters thereof shall be apportioned 
equally between the two countries, but in making such equal apportion- 
ment more than half may be taken from one river and less than half from 
the other by either country so as to afford a more beneficial use to each. 
It is further agreed that in the division of such waters during the irrigation 
season, between the ist of April and 31st of October, inclusive, annually, 
the United States is entitled to a prior appropriation of 500 cubic feet 
per second of the waters of the Milk River, or so much of such amount 
as constitutes three-fourths of its natural flow, and that Canada is 
entitled to a prior appropriation of 500 cubic feet per second of the flow 
of St. Mary River, or so much of such amount as constitutes three-fourths 
of its natural flow. 

The channel of the Milk River in Canada may be used at the conven- 
ience of the United States for the conveyance, while passing through 



INTERNATIONAL JOINT COMMISSION. • 1 5 

Canadian territory, of waters diverted from the vSt. Mary River. The 
provisions of Article II of this treaty shall apply to any injury resulting 
to property in Canada from the conveyance of such waters through the 
Milk River. 

The measurement and apportionment of the water to be used by each 
country shall from time to time be made jointly by the properly consti- 
tuted reclamation officers of the United States and the properly con- 
stituted irrigation officers of His Majesty under the direction of the 
International Joint Commission. 

Article VII. 

The High Contracting Parties agree to establish and maintain an 
International Joint Commission of the United States and Canada com- 
posed of six commissioners, three on the part of the United States 
appointed by the President thereof, and three on the part of the United 
Kingdom appointed by His Majesty on the recommendation of the 
Governor in Council of the Dominion of Canada. 

Article VIII. 

This International Joint Commission shall have jurisdiction over and 
shall pass upon all cases involving the use or obstruction or diversion of 
the waters with respect to which under Articles III and IV of this treaty 
the approval of this Commission is required, and in passing upon such 
cases the Commission shall be governed by the following rules or principles 
which are adopted by the High Contracting Parties for this purpose: 

The High Contracting Parties shall have, each on its own side of the 
boundary, equal and similar rights in the use of the waters hereinbefore 
defined as boundary waters. 

The following order of precedence shall be observed among the various 
uses enumerated hereinafter for these waters, and no use shall be per- 
mitted which tends materially to conflict with or restrain any other use 
which is given preference over it in this order of precedence : 

(i) Uses for domestic and sanitary purposes; 

(2) Uses for navigation, including the service of canals for the pur- 
poses of navigation ; 

(3) Uses for power and for irrigation purposes. 

The foregoing provisions shall not apply to or disturb any existing 
uses of boundary waters on either side of the boundary. 

The requirement for an equal division may in the discretion of the 
Commission be suspended in cases of temporary diversions along bound- 
ary waters at points where such equal division can not be made advan- 
tageously on account of local conditions, and where such diversion does 
not diminish elsewhere the amount available for use on the other side. 

The Commission in its discretion may make its approval in any case 
conditional upon the construction of remedial or protective works to 



1 6 RULES OF PROCEDURE. 

compensate so far as possible for the particular use or diversion pro- 
posed, and in such cases may require that suitable and adequate pro- 
vision, approved by the Commission, be made for the protection and 
indemnity against injury of any interests on either side of the boundary. 

In cases involving the elevation of the natural level of waters on either 
side of the line as a result of the construction or maintenance on the 
other side of remedial or protective works or dams or other obstructions 
in boundary waters or in waters flowing therefrom or in waters below 
the boundary in rivers flowing across the boundary, the Commission 
shall require, as a condition of its approval thereof, that suitable and 
adequate provision, approved, by it, be made for the protection and 
indemnity of all interests on the other side of the line which may be 
injured thereby. 

The majority of the Commissioners shall have power to render a deci- 
sion. In case the Commission is evenly divided upon any question or 
matter presented to it for decision, separate reports shall be made by 
the Commissioners on each side to their own Government. The High 
Contracting Parties shall thereupon endeavor to agree upon an adjust- 
ment of the question or matter of diflference, and if an agreement is 
reached between them, it shall be reduced to writing in the form of a 
protocol, and shall be communicated to the Commissioners, who shall 
take such further proceedings as may be necessary to carry out such 

agreement. 

Article IX. 

The High Contracting Parties further agree that any other questions 
or matters of difference arising between them involving the rights, 
obligations, or interests of either in relation to the other or to the inhabit- 
ants of the other, along the common frontier between the United States 
and the Dominion of Canada, shall be referred from time to time to the 
International Joint Commission for examination and report, whenever 
either the Government of the United States or the Government of the 
Dominion of Canada shall request that such questions or matters of 
difference be so referred. 

The International Joint Commission is authorized in each case so 
referred to examine into and report upon the facts and circumstances 
of the particular questions and matters referred, together with such 
conclusions and recommendations as may be appropriate, subject, how- 
ever, to any restrictions or exceptions which may be imposed with respect 
thereto by the terms of the reference. 

Such reports of the Commission shall not be regarded as decisions of 
the questions or matters so submitted either on the facts or the law, and 
shall in no way have the character of an arbitral award. 

The Commission shall make a joint report to both Governments in all 
cases in which all or a majority of the Commissioners agree, and in case 
of disagreement the minority may make a joint report to both Govern- 
ments, or separate reports to their respective Governments. 



INTERNATIONAI. JOINT COMMISSION, 1 7 

In case the Commission is evenly di\dded upon any question or matter 
referred to it for report, separate reports shall be made by the Com- 
missioners on each side to their own Government. 

Article X. 

Any questions or matters of difference arising between the High Con- 
tracting Parties involving the rights, obligations, or interests of the 
United States or of the Dominion of Canada either in relation to each 
other or to their respective inhabitants, may be referred for decision to 
the International Joint Commission by the consent of the two Parties, 
it being understood that on the part of the United States any such action 
will be by and with the advice and consent of the Senate, and on the 
part of His Majesty's Government with the consent of the Governor 
General in Council. In each case so referred, the said Commission is 
authorized to examine into and report upon the facts and circumstances 
of the particular questions and matters referred, together with such 
conclusions and recommendations as may be appropriate, subject, how- 
ever, to any restrictions or exceptions which may be imposed with 
respect thereto by the terms of the reference. 

A majority of the said Commission shall have power to render a deci- 
sion or finding upon any of the questions or matters so referred. 

If the said Commission is equally divided or otherwise unable to render 
a decision or finding as to any questions or matters so referred, it shall 
be the duty of the Commissioners to make a joint report to both Govern- 
ments, or separate reports to their respective Governments, show- 
ing the different conclusions arrived at with regard to the matters or 
questions so referred, which questions or matters shall thereupon 
be referred for decision by the High Contracting Parties to an umpire 
chosen in accordance with the procedure prescribed [in the fourth, 
fifth, and sixth paragraphs of Article XLV of The Hague Convention for 
the pacific settlement of international disputes, dated October i8, 1907. 
Such umpire shall have power to render a final decision with respect to 
those matters and questions so referred on which the Commission failed 



to agree. 



Article XI. 



A duplicate original of all decisions rendered and joint reports made 
by the Commission shall be transmitted to and filed with the Secretary 
of State of the United States and the Governor General of the Dominion 
of Canada, and to them shall be addressed all communications of the 

Commission. 

Article XII. 

The International Joint Commission shall meet and organize at Wash- 
ington promptly after the members thereof are appointed, and when 
organized the Commission may fix such times and places for its meetings 

29741—12 3 



I 8 RULES OF PROCEDURE. 

as may be necessary, subject at all times to special call or direction by 
the two Governments. Each Commissioner, upon the first joint meeting 
of the Commission after his appointment, shall, before proceeding with 
the work of the Commission, make and subscribe a solemn declaration in 
writing that he will faithfully and impartially perform the duties imposed 
upon him under this treaty, and such declaration shall be entered on the 
records of the proceedings of the Commission. 

The United States and Canadian sections of the Commission may each 
appoint a secretary, and these shall act as joint secretaries of the Com- 
mission at its joint sessions, and the Commission may employ engineers 
and clerical assistants from time to time as it may deem advisable. The 
salaries and personal expenses of the Commission and of the secretaries 
shall be paid by their respective Governments, and all reasonable and 
necessary joint expenses of the Commission, incurred by it, shall be paid 
in equal moieties by the High Contracting Parties. 

The Commission shall have power to administer oaths to witnesses, 
and to take evidence on oath whenever deemed necessary in any pro- 
ceeding, or inquiry, or matter within its jurisdiction under this treaty, 
and all parties interested therein shall be given convenient opportunity 
to be heard, and the High Contracting Parties agree to adopt such legis- 
lation as may be appropriate and necessary to give the Commission the 
powers above mentioned on each side of the boundary, and to provide 
for the issue of subpoenas and for compelling the attendance of witnesses 
in proceedings before the Commission. The Commission may adopt such 
rules of procedure as shall be in accordance with justice and equity, and 
may make such examination in person and through agents or employees 
as may be deemed advisable. 

Article XI H. 

In all cases where special agreements between the High Contracting 
Parties hereto are referred to in the foregoing articles, such agreements 
are understood and intended to include not only direct agreements 
between the High Contracting Parties, but also any mutual arrangement 
between the United States and the Dominion of Canada expressed by 
concurrent or reciprocal legislation on the part of Congress and the 
Parliament of the Dominion. 

Article XIV. 

The present treaty shall be ratified by the President of the United 
States of America, by and with the advice and consent of the Senate 
thereof, and by His Britannic Majesty. The ratifications shall be ex- 
changed at Washington as soon as possible and the treaty shall take 
effect on the date of the exchange of its ratifications. It shall remain in 
force for five years, dating from the day of exchange of ratifications, and 
thereafter until terminated by twelve months' written notice given by 
either High Contracting Party to the other. 



INTERN ATlONAIv JOINT COMMISSION. 1 9 

In faith whereof the respective plenipotentiaries have signed this 
treaty in duplicate and have hereunto affixed their seals. 

Done at Washington the nth day of January, in the year of our Lord 
one thousand nine hundred and nine. 

(Signed) Elihu Root [seal] 

(Signed) James Bryce [seal] 

And whereas the Senate of the United States by their resolution of 
March 3, 1909, (two-thirds of the Senators present concurring therein) 
did advise and consent to the ratification of the said Treaty with the 
following understanding, to wit: 

"Resolved further, as a part of this ratification. That the United 
States approves this treaty with the understanding that nothing in this 
treaty shall be construed as affecting, or changing, any existing terri- 
torial or riparian rights in the water, or rights of the owners of lands 
under water, on either side of the international boundary at the rapids 
of the St. Mary's river at Sault Ste. Marie, in the use of the waters flowing 
over such lands, subject to the requirements of navigation in boundary 
waters and of navigation canals, and without prejudice to the existing 
right of the United States and Canada, each to use the waters of the St. 
Mary's river, within its own territory, and further, that nothing in this 
treaty shall be construed to interfere with the drainage of wet swamp 
and overflowed lands into streams flowing into boundary waters, and 
that this interpretation will be mentioned in the ratification of this 
treaty as conveying the true meaning of the treaty, and will, in effect, 
form part of the treaty;" 

And whereas the said understanding has been accepted by the Gov- 
ernment of Great Britain, and the ratifications of the two Governments 
of the said treaty were exchanged in the City of Washington, on the 5th 
day of May, one thousand nine hundred "and ten; 

Now, therefore, be it known that I, William Howard Taft, Presi- 
dent of the United States of America, have caused the said treaty and the 
said understanding, as forming a part thereof, to be made public, to the 
end that the same and every article and clause thereof may be observed 
and fulfilled with good faith by the United States and the citizens thereof. 

In testimony whereof, I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done at the City of Washington this thirteenth day of May in the year 
of our Lord one thousand nine hundred and ten, and of the 

[seal] Independence of the United States of America the one hun- 
dred and thirtv-fourth. 

Wm H Taft 

By the President: 

P C Knox 

Secretary of State. 



20 rules of procedure. 

Protocol of Exchange. 

On proceeding to the exchange of the ratifications of the treaty signed 
at Washington on January ii, 1909, between the United States and 
Great Britain, relating to boundary waters and ' questions arising along 
the boundary between the United States and the Dominion of Canada, 
the undersigned plenipotentiaries, duly authorized thereto by their 
respective Governments, hereby declare that nothing in this treaty shall 
be construed as affecting, or changing, any existing territorial, or riparian 
rights in the water, or rights of the owners of lands under water, on either 
side of the international boundary at the rapids of the St. Mary's River 
at Sault Ste. Marie, in the use of the waters flowing over such lands, 
subject to the requirements of navigation in boundary waters and of 
navigation canals, and without prejudice to the existing right of the 
United States and Canada, each to use the waters of the St. Mary's River, 
within its own territory; and further, that nothing in this treaty shall be 
construed to interfere with the drainage of wet, swamp, and overflowed 
lands into streams flowing into boundary waters, and also that this 
declaration shall be deemed to .have equal force and effect, as the treaty 
itself and to form an integral part thereto. 

The exchange of ratifications then took place in the usual form. 

In witness whereof, they have signed the present Protocol of Exchange 
and have affixed their seals thereto. 

Done at Washington this 5th day of May, one thousand nine hundred 
and ten. 

Philander C Knox [seal] 
James Bryce [seal] 



LAWS OF THE UNITED STATES. 

Legislation Enacted b v the Congress of the United States ' for 
THE Purpose of Carrying into Effect the Provisions of the 
Treaty of January it, 1909, Creating the International Joint 
Commission. 



(Sundry civil appropriatioa act, June 25, 1910.) 

(Public— Xo. 266.) 

For the purpose of paying salaries and expenses and the one-half share 
of all reasonable and necessary joint expenses of the commission incurred 
under the terms of the treaty between the United States and Great 
Britain concerning boundary waters between the United States and 
Canada, signed January eleventh, nineteen hundred and nine, seventy- 
five thousand dollars, or so much thereof as may be necessary, to be 
expended under the direction of the Secretary of State. 



[Deficiency appropriation act, March 4, 1911 .] 

(Public— No. 480.) 

Of the appropriation of seventy-five thousand dollars carried in the 
sundry civil appropriation act for the fiscal year ending June thirtieth, 
nineteen hundred and eleven, concerning the boundary waters between 
the United States and Canada, five thousand dollars may be used for 
the rent of buildings in the District of Columbia from the date of the 
approval of said sundry civil act. 



(Sundry civil appropriation act, March 4, ign.] 

(Public — Xo. 525.) 

For salaries and expenses, including salaries of commissioners and 
salaries of clerks appointed by the commissioners on the part of the 
United States with the approval solely of the Secretary of State, including 
rental and furnishing, after the passage of this act, of offices at Washing- 
ton, District of Columbia, and necessary traveling expenses, and for the 
one-half of all reasonable and necessary joint expenses of the Interna- 
tional Joint Commission incurred under the terms of the treaty between 
the United States and Great Britain concerning the use of boundary 
waters between the United States and Canada, and other purposes, 

21 



2 2 RULES OF PROCEDURE. 

signed January eleventh, nineteen hundred and nine, seventy-five 
thousand dollars, together with the balance unexpended Jul}' first, 
nineteen hundred and eleven, of the appropriation made for said joint 
commission for the fiscal year nineteen hundred and eleven: Provided, 
That the salaries of the members of said commission on the part of the 
United States shall be fixed by the President, and the amount appro- 
priated for the payment of salaries and other expenses hereunder shall 
be disbursed under the direction of the Secretary of State; that said 
commission or any member thereof shall have power to administer oaths 
and to take evidence on oath whenever deemed necessary in any pro- 
ceeding or inquiry or matter within its jurisdiction under said treaty, 
and said commission shall be authorized to compel the attendance of 
witnesses in any proceedings before it or the production of books and 
papers when necessary by application to the circuit court of the United 
States for the circuit within which such session is held, which court is 
hereby empowered and directed to make all orders and issue all processes 
necessary and appropriate for that purpose. 



LAWS OF THE DOMINION OF CANADA. 

Legislation Enacted by the Parliament of the Dominion of- 
Canada for the Purpose of Carrying into Effect the Pro- 
visions OF THE Treaty op January ii, 1909, Creating the Inter- 
national Joint Commission. 



[t-2 George V.] 



Chap. 28. — AN ACT Relating to the establishment and expenses of the International 
Joint Commission under the waterways treaty of January the eleventh, nineteen 
hundred and nine. 

[Assented to 19th May, ign.] 

His Majesty, by and with the advice and consent of the Senate and 
House of Commons of Canada, enacts as follows: 

1. The treaty relating to the boundary waters and to questions arising 
along the boundary between Canada and the United States made between 
His Majesty and the said United vStates, signed at Washington the 
eleventh day of January, one thousand nine hundred and nine, and the 
protocol of the fifth day of May, one thousand nine hundred and ten, in 
the schedule to this act, are hereby confirmed and sanctioned. 

2. The laws of Canada and of the several Provinces thereof are herebv 
amended and altered so as to permit, authorize, and sanction the per- 
formance of the obligations undertaken by His Majesty in and under 
the said treaty; and so as to sanction, confer, and impose the various 
rights, duties and disabifities intended by the said treaty to be conferred 
or imposed or to exist within Canada. 

3. Any interference with or diversion from their natural channel of 
any waters in Canada, which in their natural channels would flow across 
the boundary between Canada and the United States or into boundary 
waters (as defined in the said treaty) resulting in any injury on the 
United States side of the boundary, shall give the same rights and entitle 
the injured parties to the same legal remedies as if such injury took 
place in that part of Canada where such diversion or interference occurs; 
but this section shall not apply to cases existing on the eleventh day of 
January, one thousand nine hundred and nine, or to cases expresslv 
covered by special agreement between His Majesty and the GovernmenL 
of the United States. 

4. The exchequer court of Canada shall have jurisdiction at the suit 
of any injured party or person claiming under this act in all cases in 

23 



24 RUIZES OF PROCEDURE. 

which il is sought to enforce or determine as against any person any 
right or obligation arising or claimed under or by virtue of this act. 

5. The International Joint Commission, when appointed and con- 
stituted pursuant to the said treaty shall have power, when holding 
joint sessions in Canada, to take evidence on oath and to compel the 
attendance of witnesses by application to a judge of a superior court of 
Uie Province within which such session is held, and such judge is hereby 
authorized and directed to make all orders and issue all processes neces- 
sary and appropriate to that end. 

6. The governor in council may appropriate annually, out of the 
consolidated revenue fund, a sum not exceeding seventy-five thousand 
dollars toward the payment of the salaries of the commissioners to be 
appointed by His Majesty on the recommendation of the governor in 
council, as well as the salaries of the secretary and other officers and 
employees, and also all other expenses which may be incurred by such 
commissioners, with the approval of the minister of public works, together 
with one-half share of all reasonable and necessary joint expenses of the 
said commission incurred by it and, under the terms of the said treaty, 
required to be paid in equal moieties by the high contracting parties. 

7. Each of the said commissioners who is appointed by His Majesty 
shall receive as compensation for his sersdces an amount to be fixed by 
the governor in council, but not in any case to exceed the sum of seventy- 
five hundred dollars per annum. The secretary appointed by the 
Canadian section of the commission under the provisions of the said 
treaty shall receive as compensation for his ser\4ces a sum not exceeding 
three thousand dollars per annum. 

2. In addition to the said compensation the commissioners and sec- 
retary shall receive their actual traveling and other expenses necessarily 
incurred in connection with and in the course of the discharge of their 
official duties. 

3. The commissioners may from time to time employ, subject to the 
approval of the minister of public works, such clerical and other assist- 
ance as is deemed advisable; their compensation and expenses to be 
fixed at such amounts as may be determined by the commissioners and 
approved by the minister of public works, and the commissioners are 
further authorized to expend an amount to be fixed by the minister of 
public works, not in excess of three thousand dollars per anniun, for 
oftice accommodation, equipment, and supplies. 



INTERNATIONAL JOINT COMMISSION. 25 

SCHEDULE. 

Treaty with the United States relating to Boundary Waters 
AND Questions arising along the Boundary between Canada 
AND THE United States, signed at Washington, January ii, 1909. 

Treaty relating to Boundary Waters and Questions arising along the Bound- 
ary between Canada and the United States, signed at Washington, 
January 11, igog. 

HIS Majesty the King of the United Kingdom of Great Britain and 
Ireland and of the British Dominions beyond the Seas, Emperor of India, 
and the United States of America, being equally desirous to prevent dis- 
putes regarding the use of boundary waters and to settle all questions 
which are now pending between the United States and the Dominion of 
Canada involving the rights, obligations, or interests of either in relation 
to the other or to the inhabitants of the other, along their common fron- 
tier, and to make provision for the adjustment and settlement of all such 
questions as may hereafter arise, have resolved to conclude a Treaty in 
furtherance of these ends, and far that purpose have appointed as their 
respective Plenipotentiaries : 

His Britannic Majesty, the Right Honourable James Bryce, O. M., his 
Ambassador Extraordinary and Plenipotentiary at Washington; and 

The President of the United States of America, Elihu Root, Secretary 
of State of the United States; 

Who, after having communicated to one another their full powers, 
found in good and due form, have agreed upon the following Articles: — 

Preliminary Article. 

For the purposes of this Treaty boundary waters are defined as the 
waters from main shore to main shore of the lakes and rivers and con- 
necting waterways, or the portions thereof, along which the international 
boundary between the United States and the Dominion of Canada passes, 
including all bays, arms, and inlets thereof, but not including tributary 
waters which in their natural channels would flow into such lakes, rivers, 
and waterways, or waters flowing from such lakes, rivers, and water- 
ways, or the waters ©f rivers flowing across the boundary. 

Article i. 

The High Contracting Parties agree that the navigation of all nawgable 
boundary waters shall for ever continue free and open for the purposes of 
commerce to the inhabitants and to the ships, vessels, and boats of both 
countries equally, subject, however, to any laws and regulations of either 
country, within its own territory, not inconsistent with such privilege of 
free navigation, and applying equally and without discrimination to the 
inhabitants, ships, vessels, and boats of both countries. 



26 RUIvES OF PROCEDURE. 

It is further agreed that so long as this Treaty shall remain in force 
this same right of navigation shall extend to the waters of Lake Michigan, 
and to all canals connecting boundary waters and now existing or which 
may hereafter be constructed on either side of the line. Either of the 
High Contracting Parties may adopt rules and regulations governing the 
use of such canals within its own territory, and may charge tolls for the 
use thereof; but all such rules and regulations and all tolls charged shall 
apply alike to the subjects or citizens of the High Contracting Parties 
and the ships, vessels, and boats of both of the High Contracting Parties, 
and they shall be placed on terms of equality in the use thereof. 

Article 2. 

Each of the High Contracting Parties reserves to itself, or to the several 
State Governments on the one side and the Dominion or Provincial Gov- 
ernments on the other, as the case may be, subject to any Treaty pro- 
visions now existing with respect thereto, the exclusive jurisdiction and 
control over the use and diversion, whether temporary or permanent, of 
all waters on its own side of the line which in their natural channels would 
flow across the boundary or into boundary waters; but it is agreed that 
any interference with or diversion from their natural channel of such 
waters on either side of the boundary resulting in any injury on the other 
side of the boundary shall give rise to the same rights and entitle the 
injured parties to the same legal remedies as if such injury took place in 
the country where such diversion or interference occurs; but this pro- 
vision shall not apply to cases already existing or to cases expressly 
covered by special agreement between the parties hereto. 

It is understood, however, that neither of the High Contracting Parties 
intends by the foregoing provision to surrender any right which it may 
have to object to any interference with or diversions of waters on the 
other side of the boundary the effect of which would be productive of 
material injury to the navigation interests on its own side of the boundary. 

Article 3. 

It is agreed that, in addition to the uses, obstructions, and diversions 
heretofore permitted or hereafter provided for by special agreement 
between the Parties hereto, no further or other uses or obstructions or 
diversions, whether temporary or permanent, of boundary waters on 
either side of the line, affecting the natural level or flow of boundary 
waters on the other side of the line, shall be made except by authority of 
the United States or the Dominion of Canada within their respective 
jurisdictions and with the approval, as hereinafter provided, of a Joint 
Commission, to be known as the International Joint Commission. 

The foregoing provisions are not intended to limit or interfere with the 
existing rights of the Government of the United States on the one side 
and the Government of the Dominion of Canada on the other, to under- 



INTERNATIONAL JOINT COMMISSION. 27 

take and carry on governmental works in boundary waters for the deep- 
ening of channels, the construction of breakwaters, the improvement of 
harbours, and other governmental works for the benefit of commerce 
and navigation, provided that such works are wholly on its own side of 
the line and do not materially affect the level or flow of the boundary 
waters on the other, nor are such provisions intended to interfere with 
the ordinary use of such waters for domestic and sanitary purposes. 

Article 4. 

The High Contracting Parties agree that, except in cases provided 
for by special agreement between them, they will not permit the con- 
struction or maintenance on their respective sides of the boundary of 
any remedial or protective works or any dams or other obstructions in 
waters flowing from boundary waters or in waters at a lower level than 
the boundary in rivers flowing across the boundary, the eff'ect of which is 
to raise the natural level of waters on the other side of the boundary 
unless the construction or maintenance thereof is approved by the afore- 
said International Joint Commission. 

It is further agreed that the waters herein defined as boundary waters 
and waters flowing across the boundary shall not be polluted on either 
side to the injury of health or property on the other. 

Article 5. 

The High Contracting Parties agree that it is expedient to limit the 
diversion of waters from the Niagara River so that the level of Lake Erie 
and the flow of the stream shall not be appreciably affected. It is the 
desire of both Parties to accomplish this object with the least possible 
injury to investments which have already been made in the construction 
of power plants on the United States' side of the river under grants of 
authority from the State of New York, and on the Canadian side of the 
river under licences authorized by the Dominion of Canada and the Prov- 
ince of Ontario. 

So long as this Treaty shall remain in force, no diversion of the waters 
of the Niagara River above the Falls from the natural course and stream 
thereof shall be permitted except for the purpose and to the extent here- 
inafter provided. 

The United States may authorize and permit the diversion within the 
State of New York of the waters of the said river above the Falls of 
Niagara, for power purposes, notexceeding in the aggregate a daily 
diversion at the rate of 20,000 cubic feet of water per second. 

The United Kingdom, by the Dominion of Canada or the Province of 
Ontario, may authorize and permit the diversion within the Province of 
Ontario of the waters of said river above the Falls of Niagara for power 
purposes, not exceeding in the aggregate a daily diversion at the rate of 
36,000 cubic feet of water per second. 



28 RULES OF PROCEDURE. 

The prohibitions of this Article shall not apply to the diversion of 
water for sanitary or domestic purposes, or for the service of canals for 
the purposes of navigation. 

Article 6. 

The High Contracting Parties agree that the St. Mary and Milk Rivers 
and their tributaries (in the State of Montana and the Provinces of Alberta 
and Saskatchewan) are to be treated as one stream for the purposes of 
irrigation and power, and the waters thereof shall be apportioned equally 
between the two countries, but in making such equal apportionment 
more than half may be taken from one river and less than half from the 
other by either country so as to afford a more beneficial use to each. 
It is further agreed that in the division of such waters during the irrigation 
season, between the ist of April and 31st of October inclusive, annually, 
the United States is entitled to a prior appropriation of 500 cubic feet per 
second of the waters of the Milk River, or so much of such amount as 
constitutes three-fourths of its natural flow, and that Canada is entitled to 
a prior appropriation of 500 cubic feet per second of the flow of St. Mary 
River, or so much of such amount as constitutes three-fourths of its 
natural flow. 

The channel of the Milk River in Canada may be used at the conven- 
ience of the United States for the conveyance, while passing through 
Canadian territory, of waters diverted from the St. Mary River. The 
provisions of Article 2 of this Treaty shall apply to any injury resulting 
to property in Canada from the conveyance of such waters through the 
Milk River. 

The measurement and apportionment of the water to be used by 
each country shall from time to time be made jointly by the properly- 
constituted reclamation officers of the United States and the prop- 
erly-constituted irrigation officers of His Majesty under the direction 
of the International Joint Commission. 

Article 7. 

The High Contracting Parties agree to establish and maintain an Inter- 
national Joint Commission of the United States and Canada composed of 
six Commissioners, three on the part of the. United States appointed by 
the President thereof, and three on the part of the United Kingdom 
appointed by His Majesty on the recommendation of the Governor in 
Council of the Dominion of Canada. 

Article 8. 

This International Joint Commission shall have jurisdiction over and 
shah pass upon all cases involving the, use or obstruction or diversion of 
the waters with respect to which ander Articles 3 and 4 of this Treaty 



INTERNATIONAL JOINT COMMISSION. 29 

the approval of this Commission is required, and in passing upon such 
cases the Commission shall be governed by the following rules or princi- 
ples which are adopted by the High Contracting Parties for this pur- 
pose : — 

The High Contracting Parties shall have, each on its own side of the 
boundary, equal and similar rights in the use of the waters hereinbefore 
defined as boundary waters. 

The following order of precedence shall be observed among the various 
uses enumerated hereinafter for these waters, and no use shall be per- 
mitted which tends materially to conflict with or restrain any other use 
which is given preference over it in this order of precedence : — 

1. Uses for domestic and sanitary purposes; 

2. Uses for navigation, including the service of canals for the purposes 
of navigation ; 

3. Uses for power and for irrigation purposes. 

The foregoing provisions shall not apply to or disturb any existing uses 
of boundary waters on either side of the boundary. 

The requirement for an equal division may in the discretion of the 
Commission be suspended in cases of temporary diversions along boun- 
dary waters at points where such equal division cannot be made advan- 
tageously on account of local conditions, and where such diversion does 
not diminish elsewhere the amount available for use on the other side. 

The Commission in its discretion may make its approval in any case 
conditional upon the construction of remedial or protective works to com- 
pensate so far as possible for the particular use or diversion proposed, 
and in such cases may require that suitable and adequate provision, 
approved by the Commission, be made for the protection and indemnity 
against injury of any interests on either side of the boundary. 

In cases involving the elevation of the natural level of waters on either 
side of the line as a result of the construction or maintenance on the 
other side of remedial or protective works or dams or other obstructions 
in boundary waters or in waters flowing therefrom or in waters below the 
boundary in rivers flowing across the boundary, the Commission shall 
require, as a condition of its approval thereof, that suitable and adequate 
provision, approved by it, be made for the protection and indemnity of 
all interests on the other side of the line which may be injured thereby. 

The majority of the Commissioners shall have power to render a deci- 
sion. In case the Commission is evenly divided upon any question or 
matter presented to it for decision, separate reports shall be made by the 
Commissioners on each side to their own Government. The High Con- 
tracting Parties shall thereupon endeavour to agree upon an adjustment 
of the question or matter of difference, and if an agreement is reached 
between them, it shall be reduced to writing in the form of a Protocol 
and shall be communicated to the Conmiissioners, who shall take such 
further proceedings as may be necessary to carry out such agreement. 



30 rules of procedure. 

Article 9. 

The High Contracting Parties further agree that any other questions 
or matters of difference arising between them involving the rights, obU- 
gations, or interests of either in relation to the other or to the inhabitants 
of the other, along the common frontier between the United States and 
the Dominion of Canada, shall be referred from time to time to the 
International Joint Commission for examination and report, whenever 
either the Government of the United States or the Government of the 
Dominion of Canada shall request that such questions or matters of 
difference be so referred. 

The International Joint Commission is authorized in each case so 
referred to examine into and report upon the facts and circumstances of 
the particular questions and matters referred, together with such con- 
clusions and recommendations as may be appropriate, subject, however, 
to any restrictions or exceptions which may be imposed with respect 
thereto by the terms of the reference. 

Such reports of the Commission shall not be regarded as decisions of 
the questions or matters so submitted either on the facts or the law, and 
shall in no way have the character of an arbitral award. 

The Commission shall make a joint report to both Governments in all 
cases in which all or a majority of the Commissioners agree, and in case 
of disagreement the minority may make a joint report to both Govern- 
ments, or separate reports to their respective Governments. 

In case the Commission is evenly divided upon any question or matter 
referred to it for report, separate reports shall be made by the Commis- 
sioners on each side to their own Government. 

Article 10. 

Any questions or matters of difference arising between the High Con- 
tracting Parties involving the rights, obligations, or interests of the 
United States or of the Dominion of Canada, either in relation to each 
other or to their respective inhabitants, may be referred for decision to 
the International Joint Commission by the consent of the two Parties, 
it being understood that on the part of the United States any such action 
will be by and with the advice and consent of the Senate, and on the part 
of His Majesty's Government with the consent of the Governor-General 
in Council. In each case so referred, the said Commission is authorized 
to examine into and report upon the facts and circumstances of the par- 
ticular questions and matters referred, together with such conclusions and 
recommendations as may be appropriate, subject, however, to any restric- 
tions or exceptions which may be imposed with respect thereto by the 
terms of the reference. 

A majority of the said Commission shall have power to render a decision 
or finding upon any of the questions or matters so referred. 



INTERNATIONAI^ JOINT COMMISSION. 3 1 

If the said Commission is equally divided, or otherwise unable to 
render a decision or finding as to any questions or matters so referred, 
it shall be the duty of the Commissioners to make a joint report to both 
Governments, or separate reports to their respective Governments, show- 
ing the different conclusions arrived at with regard to the matters or 
questions so referred, which questions or matters shall thereupon be 
referred for decision by the High Contracting Parties to an Umpire 
chosen in accordance with the procedure prescribed in the fourth, fifth, 
and sixth paragraphs of Article 45 of The Hague Convention for the pacific 
settlement of international disputes, dated the i8th October, 1907. 
Such Umpire shall have power to render a final decision with respect to 
those matters and questions so referred on which the Commission failed 
to agree. 

Article ii. 

A duplicate original of all decisions rendered and joint reports made 
by the Commission shall be transmitted to and filed with the Secretary 
of State of the United States and the Governor-General of the Dominion 
of Canada, and to them shall be addressed all communications of the 
Commission. 

Article 12. 

The International Joint Commission shall meet and organize at 
Washington promptly after the members thereof are appointed and when 
organized the Commission may fix such times and places for its meetings 
as may be necessary, subject at all times to special call or direction by 
the two Governments. Each Commissioner, upon the first joint meeting 
of the Commission after his appointment, shall, before proceeding with 
the work of the Commission, make and subscribe a solemn declaration in 
writing that he will faithfully and impartially perform the duties imposed 
upon him under this Treaty, and such declaration shall be entered on the 
records of the proceedings of the Commission. 

The United States' and Canadian sections of the Commission may 
each appoint a Secretary, and these shall act as joint Secretaries of the 
Commission at its joint sessions, and the Commission may employ 
engineers and clerical assistants from time to time as it may deem 
advisable. The salaries and personal expenses of the Commission and 
of the Secretaries shall be paid by their respective Governments, and all 
reasonable and necessary joint expenses of the Commission incurred by 
it shall be paid in equal moieties by the High Contracting Parties. 

The Commission shall have power to administer oaths to witnesses 
and to take evidence on oath whenever deemed necessary in any pro- 
ceeding, or inquiry, or matter within its jurisdiction under this Treaty, 
and all parties interested therein shall be given convenient opportunity 
to be heard, and the High Contracting Parties agree to adopt such legis- 
lation as may be appropriate and necessary to give the Commission 



32 RUIZES OF PROCEDURE. 

the powers above mentioned on each side of the boundary, and to pro- 
vide for the issue of subpoenas and for compelhng the attendance of 
witnesses in proceedings before the Commission. The Commission may 
adopt such rules of procedure as shall be in accordance with justice and 
equity, and may make such examination in person and through agents or 
employes as may be deemed advisable. 

Article 13. 

In all cases where special -agreements between the High Contracting 
Parties hereto are referred to in the foregoing Articles, such agreements 
are understood and intended to include not only direct agreements 
between the High Contracting Parties, but also any mutual arrangement 
between the United States and the Dominion of Canada expressed by 
concurrent or reciprocal legislation on the part of Congress and the 
Parliament of the Dominion. 

Article 14. 

The present Treaty shall be ratified by His Britannic Majesty and by 
the President of the United States of America, by and with the advice 
and consent of the Senate thereof. The ratifications shall be exchanged 
at Washington as soon as possible, and the Treaty shall take effect on the 
date of the exchange of its ratifications. It shall remain in force for 
five years, dating from the day of exchange of ratifications, and thereafter 
until terminated by twelve months' written notice given by either High 
Contracting Party to the other. 

In faith whereof the respective Plenipotentiaries have signed this 
Treaty in duplicate and have hereunto affixed their seals. 

Done at Washington, the nth day of January, in the year of our 
Lord one thousand nine hundred and nine. 

[l. s.] James Bryce. 

[h. s.] EuHu Root. 



The above Treaty was approved by the United States' Senate on the 
3rd March, 1909, with the following Resolutions: — 

Resolved, — That the Senate advise and consent to the ratification of 
the Treaty between the United States and Great Britain, providing for 
the settlement of international differences between the United States 
and Canada, signed on the nth day of January, 1909. 

Resolved further (as a part of this ratification) , — That the United States 
approves this Treaty with the understanding that nothing in this Treaty 
shall be construed as affecting, or changing, any existing territorial, or 
riparian rights in the water, or rights of the owners of lands under water, 
on either side of the international boundary at the rapids of the St. 
Mary's River at Sault Ste. Marie, in the use of the waters flowing over 



INTERNATIONAL. JOINT COMMISSION. 33 

such lands, subject to the requirements of navigation in boundary waters 
and of navigation canals, and without prejudice to the existing right 
of the United States and Canada, each to use the waters of the St. Mary's 
River, within its own territory; and further, that nothing in this Treaty 
shall be construed to interfere with the drainage of wet, swamp, and 
overflowed lands into streams flowing into boundary waters, and that 
this interpretation will be mentioned in the ratification of this Treaty as 
conveying the true meaning of the Treaty, and will in effect, form part 
of the Treaty. 

PROTOCOIv OF EXCHANGE. 

On proceeding to the exchange of the ratifications of the treaty signed 
at Washington on January 11, 1909, between Great Britain and the 
United States, relating to boundary waters and questions arising along 
the boundary between the United States and the Dominion of Canada, 
the undersigned plenipotentiaries duly authorized thereto by their 
respective Governments, hereby declare that nothing in this treaty shall 
be construed as affecting, or changing, any existing territorial, or riparian 
rights in the water, or rights of the owners of lands under water, on 
either side of the international boundary at the rapids of St. Mary's 
river at Sault Ste. Marie, in the use of the waters flowing over such 
lands, subject to the requirements of navigation in boundary waters 
and of navigation canals, and without prejudice to the existing right 
of the United States and Canada, each to use the waters of the St. Mary's 
River, within its own territory; and further, that nothing in this treaty 
shall be construed to interfere with the drainage of wet, swamp and 
overflowed lands into streams flowing into boundary waters, and also 
that this declaration shall be deemed to have equal force and effect as 
the treaty itself and to form an integral part thereto. 

The exchange of ratifications then took place in the usual form. 

In witness whereof, they have signed the present Protocol of Exchange 
and have affixed their seals thereto. 

Done at Washington this 5th day of May, one thousand nine hundred 
and ten. 

James Bryce, [seal.] 

Philander C. Knox, [seal.] 

o 
















-r^ . > ^-^wn-^-r ^ .^^ ^-ip{\i//x^ -. '^ ^. H 






:- *Ao< /, 



o 










^O 







•A 1>» ^"^ 






'bV 




• ^ aV *jf 

/ / "^^ --^ 







'J 



VS' 




c5> ^f% ^ 



















' '^'^^.^ 




v> \J* 4*^ 



.0^^ 






^ .!^^^ ^^ 













'o. *.t:s*. /v 










•*'•%% 



'o • » 



















•^^ , t ' . 







O N O 







-» ^ c° ' ' "-"- " " ' " ° 



0^ *»••'♦ <;> 






•^^x^" .^Arn^o ^Cn^c,"^- o*^li^V ^^^A^ ,*A\M/A'-o -^-.-i' 



. « » « . "^^ A> 



3P '7*. 1 













o » o * ■?) 



o 



V..^"^ - 













* V ^ * • » 1 • ' Ay "v^ * o ; o ' ^"ft^ 




t '^^'i'^ 







» • o 



























<i > ^-S*» 



■^o. 











-»- o. 



:- "^^0^ ° 



HECKMAN 

BINDERY INC. 

^ DEC 88 

ui^jr!^ N. MANCHESTER, 
$^^ INDIANA 46962 j 



^1-' ^0 






^^ c^^ ; Jfe- '^^^ ^^^ ^^-^ 











,<J> ,t'.^ ^J*^ 



